Pubdate: Wed, 25 Apr 2001
Source: Moscow Times, The (Russia)
Copyright: 2001 The Moscow Times
Contact:  http://www.moscowtimes.ru/
Details: http://www.mapinc.org/media/903
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

U.S. STUDENT GOES ON TRIAL FOR DRUGS

A 24-year-old American student accused by the authorities of training to be 
a spy went on trial Tuesday on drug charges. John Tobin, a Fulbright 
scholar from Ridgefield, Connecticut, faces 15 to 20 years in prison if 
convicted of the charges, which include organizing a drug den, distribution 
of marijuana to a group and possession of marijuana with intent to 
distribute, his lawyer Vladimir Bayev said.

Tobin, pale with dark circles under his eyes, told Judge Tatyana Korchagina 
that he was innocent of the charges.

"I never saw anyone in my apartment using drugs," he said, speaking in Russian.

Tobin was detained Jan. 26 at about 3 a.m. as he was leaving the popular 
night club Night Flight in this town 475 kilometers south of Moscow. He was 
jailed Feb. 1 after failing to appear for questioning.

A friend of Tobin's, Andrei Startsev, testified that Tobin twice gave 
marijuana joints to guests at his rented two-room apartment, once in 
November and again in January.

Another friend, Anton Vasilyev, said he had seen people smoking in the 
apartment and smoking out of a plastic bottle. He said it was not tobacco 
but refused to specify what the substance was.

Both witnesses denied that Tobin had ever tried to sell or persuade them to 
use drugs.

A drug expert from the local police force, Natalya Korobchenko, said a 
urine test taken at 2:25 p.m. on Jan. 26 showed traces of marijuana.

She said the test indicated Tobin had used marijuana within 22 days.

Tobin, wearing a brown leather coat, brown sweater and blue jeans, said he 
had smoked marijuana on Jan. 9 in Amsterdam on his way to Russia.

Eleven witness took the stand Tuesday as prosecutors sought to prove that 
Tobin had run a drug den and actively pushed others to use marijuana. Up to 
30 are expected to testify in the trial, which is expected to last from two 
days to a week.

The U.S. Embassy declined to comment about the case, citing privacy 
considerations. An embassy official attended the trial Tuesday.

Tobin, who came to Voronezh with a letter of recommendation from the U.S. 
State Department, graduated from Middlebury College and had studied at the 
prestigious Defense Language Institute in Monterey, California. He was 
arrested while studying at Voronezh State University on the Fulbright 
scholarship.

His case gained attention in February when the Federal Security Service 
accused him of being a spy in training. The allegations came shortly after 
the United States charged FBI agent Robert Philip Hanssen with spying for 
Russia.

The FSB hasn't charged Tobin with spying, but it appears to still be 
suspicious of his activities.

"He has appeared several times near the Novovoronezh nuclear power plant, 
and he can't provide a coherent explanation for this," Pavel Bolshunov, 
spokesman for the Voronezh FSB office, said Tuesday on NTV television.

"Neither can he explain why he covertly made digital recordings of his 
conversations with politicians, political analysts and teachers in 
Voronezh. This case is raising more and more questions," he said.

Bolshunov did not provide any details about remarks.

The espionage allegations took a back seat at the trial Tuesday as 
prosecutors brought witness after witness to the stand to try to piece 
together an account of what happened the night of Jan. 26 when Tobin was 
first detained.

Some expert witnesses offered contradictory testimony, raising questions 
about police procedures during the investigation.

The chief investigator in the Tobin case said police found a matchbox 
containing marijuana during a search of the defendant outside the night club.

Two witnesses - passers-by ordered by the police that night to watch the 
search - told the court that police had asked what was in the matchbox and 
Tobin replied coffee.

"It was obvious that it wasn't coffee," said one of the witnesses, Sergei 
Shipelkavich, who had asked Tobin for a cigarette just before the police 
stopped him. "It was a green substance, and if that is coffee I don't know 
what to say," he said.

He and the other witness said police had placed the matchbox in a paper bag 
and sealed it.

However, when the matchbox was presented as evidence Tuesday it was in a 
sealed plastic bag.

Police were expected to be questioned about the bag Wednesday.

Tobin said he pocketed the matchbox at the night club.

Also, there was some confusion about how much marijuana was in the matchbox.

Prosecutors offered an independent expert analysis stating 1.48 grams of 
marijuana were in the matchbox.

But a police report stated there was 0.148 grams.

Police official Irina Brykina, who had filled out the police report, faced 
the wrath of the prosecutor and the judge over the huge disparity in numbers.

Red-faced, she said, "It was my mistake for not just writing more than 0.1 
grams [had been found]."

By law, drug charges can only be filed if a suspect is caught with more 
than 0.1 grams of marijuana.

"I have doubts about the type and amount of substance given to the 
experts," Tobin's lawyer said.

Outside the court, a professor from Voronezh State University praised Tobin 
as a good student.

"He's smart, outgoing and nice," said Anatoly Leonov.

Also among the witnesses Tuesday were Tobin's landlord and his upstairs 
neighbor, Rimma Alexandrova.

Alexandrova, 67, said that since November she had kept a record of Tobin's 
social gatherings, which she said typically lasted from 5 p.m. to 5 a.m. 
and were loud.

Prosecutors asked if she ever smelled smoke.

"Why?" Alexandrova said. "Was there a fire?"

Prosecutors explained that they meant marijuana smoke, and the neighbor 
replied she had only paid attention to the noise.

Tobin, who spoke little Tuesday, earlier told the court about the gathering 
at the apartment. "It was a fun crowd," he said. "I rarely had more than 
five people over at once."

Tobin looked exhausted by the time the trial wrapped up in the late 
afternoon. He showed little emotion during the proceedings.

Judge Korchagina won a smile from Tobin when she opened the trial by 
declaring: "Call in the witnesses, call in the witnesses. John wants to get 
out of here quickly," and looked in his direction.
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